Pryers successfully brought a medical negligence claim against Mr C’s GP, after he sustained nerve damage in what should have been a routine cyst removal.

Mr C attended his doctor with a lump in the left side of his neck. The lump was not causing him pain or any other symptoms.

The GP advised that the lump was a small cyst. The cyst was not dangerous and could be left where it was without any damage to Mr C. However, his GP recommended that the cyst be removed at the doctor’s surgery under a local anaesthetic.

Mr C was not told anything about the risks and benefits of the removal procedure. He was not asked to sign a Consent Form or any documentation of that nature. He was therefore unaware that there was a risk of nerve damage.

In the course of the surgery, the GP cut through Mr C’s accessory nerve. This is the nerve which helps to control shoulder function.

Post operatively Mr C suffered pain in his neck and shoulder. The GP was unaware of his error and failed to recognise that there was a potential nerve injury.

It was not until around three months later that Mr C was referred to a Neurologist and was diagnosed with an accessory nerve injury.

Pryers’ investigations confirmed that the GP care afforded to Mr C was negligent in several respects. There was an inadequate consent process before the surgery and then the surgery itself was substandard. Division of the accessory nerve was care so poor that it amounted to negligence.

Who are we? Get to know our CEO, Neil Fearn, on our handy website guide. Neil has been working in the clinical negligence industry for 25 years and specialises in claims involving complex and serious injuries mainly arising out of Obstetric Care
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